Plaintiffs May Not Relitigate Certification Issue in State Court

ST. LOUIS, Mo. - In a Baycol economic damages case, the 8th Circuit U.S. Court of Appeals has upheld a federal court's refusal to allow two members of a putative class to relitigate class certification in West Virginia state court. In re Baycol Products Litigation, No. 09-1069 (8th Cir.).

On Jan. 5, the appellate court ruled that the plaintiffs were subject to the jurisdiction of the federal district court and bound by its final judgment denying class certification.

In August 2001, George McCollins filed a putative class action in West Virginia state court against the makers of Baycol, a cholesterol-lowering …